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About Divorce

Divorce Lawsuits

About half of all marriages end in divorce. Difficulty and complexity can range from a simple uncontested/no fault divorce, to an outright battle in which both parties lose a significant amount of money. Approaching your divorce as reasonably as possible from the beginning can save a lot of heartache and expense in the long run.

Fault vs. No Fault
Some states allow no fault divorces in which one or both parties state that the marriage is irretrievably broken. Other states will require that one spouse takes the blame for the deterioration of the marriage or that the couple endures a lengthy separation period before a divorce is granted.

Division of Property
Property includes real estate, bank accounts, assets, and debt. The nine community property states divide property roughly in half between parties. The remaining 41 states use a system called equitable distribution, where the property is not necessarily divided equally, but is divided “fairly” according to the income level of each spouse.

Child Custody
Child custody is granted according to the best interest of the child, not the wishes of the parents. However, if a reasonable agreement can be reached between the parents outside of court, it will normally be approved by the judge.

Child Support
The non-custodial parent is usually required to pay some amount of child support. This is normally calculated to simulate the standard of living that the child enjoyed while living with both parents. In cases where one parent has received financial aid from the government to care for the child, the court will determine an amount it deems appropriate to repay the government for aid and payments will not be made directly to the custodial parent, but to an agency which collects child support for the state, and then that agency will pay a portion to the custodial parent.
Spousal Support
Spousal support, alimony or maintenance, is awarded to the lower-income spouse so that he or she may maintain the standard of living that the couple enjoyed while they were married. This amount is determined based on many factors including the duration of marriage and each party’s earning capacity.

Most issues can be settled outside the courtroom between spouses. Mediation is almost always a successful way for spouses to reach and agreement when they cannot work it out one-on-one.

If you are facing or contemplating divorce, contact an experienced divorce attorney today.

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Disclaimer: Information contained throughout The Divorce Lawyer Directory is intended to generally inform you about divorce law and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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